Minnesota (MN) — Expungement & Record Clearing
Yes, you can seal your criminal record in Minnesota through expungement under Chapter 609A. Since January 1, 2025, Minnesota's Clean Slate Act automatically seals many eligible records — over 1.6 million records have been sealed so far with no petition needed. For records not covered automatically, you can petition a district court. Eligible offenses include dismissed cases (no waiting period), misdemeanors (2-year wait), gross misdemeanors (3-year wait), and certain felonies (4–5-year wait). The filing fee is $310 (fee waivers available) and the process takes 4–6 months. DWI, domestic assault, and sex offenses are not eligible for automatic expungement. Expungement seals your record from public view but does not restore gun rights or remove sex offender registration. Below is the full guide with eligibility, step-by-step process, costs, timeline, and FAQ.
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Overview
Minnesota allows the sealing (expungement) of criminal records under Chapter 609A. Since January 1, 2025, the Clean Slate Act (Minn. Stat. § 609A.015) provides automatic expungement for many eligible records — the Bureau of Criminal Apprehension (BCA) identifies qualifying cases and seals them without a petition. For offenses not covered by automatic expungement, individuals may still petition a district court under Minn. Stat. § 609A.02 and § 609A.03. Expungement seals records from public view but does not destroy them — law enforcement and certain agencies retain access.
Official term: Expungement (Minn. Stat. Ch. 609A) — Minnesota uses the term "expungement" officially, but the process seals records rather than destroying them. The 2023 Clean Slate Act added automatic expungement alongside the existing petition-based process.
Who qualifies
- ✓Arrests that did not lead to charges, or charges that were dismissed or resulted in acquittal
- ✓Successful completion of a diversion program or stay of adjudication (non-felony), with no new charges for 1 year
- ✓Petty misdemeanor or misdemeanor convictions with no new convictions for 2+ years after discharge of sentence
- ✓Gross misdemeanor convictions with no new convictions for 3+ years after discharge of sentence
- ✓Felony controlled substance conviction under § 152.025 with no new convictions for 4+ years after discharge
- ✓Certain enumerated felony convictions (listed in § 609A.02, subd. 3(b)) with no new convictions for 5+ years after discharge
- ✓Juvenile offenses prosecuted in adult court after final discharge
- ✓Cannabis-related convictions eligible under § 609A.055
Who does not qualify
- ✗Felonies requiring sex offender registration under § 243.166 (predatory offender registration)
- ✗DWI offenses (§ 169A.20, 169A.25, 169A.26) — excluded from automatic expungement
- ✗Domestic assault (§ 609.2242) and fifth-degree assault (§ 609.224) — excluded from automatic expungement
- ✗Criminal sexual conduct in the fifth degree (§ 609.3451) — excluded from automatic expungement
- ✗Harassment and order-for-protection violations (§ 609.748, § 518B.01)
- ✗Stalking offenses (§ 609.749) — excluded from automatic expungement
- ✗Currently on probation, parole, or serving a sentence
- ✗Persons with new convictions within the applicable waiting period
Waiting Periods
| Dismissed charges or acquittals | No waiting period |
| Completed diversion or stay of adjudication (non-felony) | 1 year after discharge from program |
| Petty misdemeanor conviction | 2 years after discharge of sentence |
| Misdemeanor conviction | 2 years after discharge of sentence |
| Gross misdemeanor conviction | 3 years after discharge of sentence |
| Felony controlled substance (§ 152.025) | 4 years after discharge of sentence |
| Eligible felony conviction (§ 609A.02, subd. 3(b)) | 5 years after discharge of sentence |
Step-by-Step Process
Determine eligibility
Check whether your record qualifies for automatic expungement under the Clean Slate Act (§ 609A.015) — if so, the BCA will seal it without a petition. If not, confirm your offense is eligible for petition-based expungement under § 609A.02 and that the waiting period has passed.
Obtain your criminal record
Request your criminal history from the Bureau of Criminal Apprehension (BCA) or review court records online at the Minnesota Court Records portal. Identify each case number you want expunged.
Complete the petition and proposed order
Fill out Form EXP 102 (Notice of Hearing and Petition for Expungement) and the matching proposed order (Form EXP 105, 106, or 107). One petition per case. Forms are available at mncourts.gov or county courthouses.
Serve all required agencies
Mail copies of your petition and proposed order to all agencies that hold your records (prosecutor, law enforcement, BCA, etc.) at least 63 days before the hearing date. File proof of service (Form EXP 104) with the court.
File the petition and pay the filing fee
File your petition at the district court where your case was heard. Pay the $310 filing fee (fee waiver available based on income). No filing fee is required for dismissed cases or acquittals.
Attend the court hearing
Appear before the judge on your hearing date. The judge reviews your petition, any agency objections, victim statements, and your rehabilitation efforts. You must attend — failure to appear may result in denial.
Receive the court order
If granted, the court issues an expungement order. Records are sealed 60 days after the order. The court mails you a copy as proof. If denied, you may refile — consult an attorney about next steps.
Visual Guide
Automatic Expungement (Clean Slate Act, § 609A.015)
Minnesota's Clean Slate Act (§ 609A.015), effective January 1, 2025, provides automatic expungement of eligible criminal records. The Bureau of Criminal Apprehension (BCA) identifies qualifying cases, notifies the judicial branch, and seals records 60 days later unless a court objects. As of February 2026, over 1.6 million records have been sealed under this program. No petition or filing fee is required.
| Scenario | Sealed When |
|---|---|
| Dismissed charges or acquittals | Automatically upon identification by BCA |
| Completed diversion / stay of adjudication (non-felony) | 1 year after discharge |
| Petty misdemeanor conviction | 2 years after discharge of sentence |
| Misdemeanor conviction (non-excluded offenses) | 2 years after discharge of sentence |
| Gross misdemeanor conviction (non-excluded offenses) | 3 years after discharge of sentence |
| Felony controlled substance (§ 152.025) | 4 years after discharge of sentence |
| Eligible felony conviction | 5 years after discharge of sentence |
| Cannabis-related convictions (§ 609A.055) | Automatically upon identification by BCA |
Costs
- Filing fee
- $310 per petition
- Fee waiver
- Available based on income; no fee for dismissed cases or acquittals; no fee if applying through the AG's Statewide Expungement Program
- Attorney (optional)
- $1,000–$2,000 typical range (not including court costs)
Free legal assistance is available through Volunteer Lawyers Network (612-752-6677), Legal Aid of Northeastern Minnesota (800-933-1112), and free expungement clinics held periodically across the state.
Timeline
- With attorney
- 4–6 months
- Standard
- 4–6 months or longer
The petition process takes at least 123 days: 63 days minimum for service before hearing, up to 90 days for the judge to decide, then 60 days before records are officially sealed. Automatic expungement under the Clean Slate Act requires no action and occurs on a rolling basis as the BCA processes eligible records.
What expungement does
- ✓Seals criminal records from public view — background checks return no public record
- ✓Allows you to legally deny the arrest or conviction occurred on most job and housing applications
- ✓Prevents most employers and landlords from considering the sealed record
- ✓Restores the person, in contemplation of law, to the status they held before the arrest or conviction
- ✓Protects against perjury claims for failing to disclose a sealed record in most contexts
- ✓May improve access to housing, employment, and professional licensing
What expungement does NOT do
- ✗Does NOT destroy the record — it remains sealed but accessible to criminal justice agencies
- ✗Does NOT restore firearm rights for felony crimes of violence (federal law requires full removal of conviction effects)
- ✗Does NOT prevent courts from using sealed records in future criminal sentencing or charging decisions
- ✗Does NOT remove sex offender registration requirements
- ✗Sealed DWI records may still count as prior offenses for sentencing enhancement
- ✗Does NOT prevent access by agencies conducting background checks for child care, elder care, or school positions
- ✗Does NOT prevent law enforcement from accessing records for investigations or prosecutions
Other Relief Options in Minnesota
Board of Pardons
Minnesota's Board of Pardons (Governor, Attorney General, and Chief Justice) can grant a pardon, which sets aside the conviction and purges it from your record. Unlike expungement, a pardon restores all civil rights including firearm rights. Requires 5+ years after sentence discharge. Apply through the Clemency Review Commission.
AG Statewide Expungement Program (HelpSealMyRecord.org)
The Minnesota Attorney General's Office facilitates expungement through participating county attorneys without requiring a court petition or filing fee. Currently available in Hennepin, Ramsey, Washington, and Blue Earth counties. Prosecutors review eligibility and process qualifying cases at no cost.
Cannabis Expungement Board (§ 609A.06)
A five-member board reviews felony cannabis convictions and can order expungement, resentencing to a lesser offense, or vacating the conviction entirely. Expungement is presumed in the public interest unless clear and convincing evidence shows a risk to public safety.
Frequently Asked Questions
- How much does expungement cost in Minnesota?
- The court filing fee is $310 per petition. Fee waivers are available based on income, and there is no fee for dismissed cases or acquittals. If you hire an attorney, expect to pay $1,000–$2,000 in legal fees. Free legal help is available through Volunteer Lawyers Network, Legal Aid, and free expungement clinics. If you apply through the AG's Statewide Expungement Program (in participating counties), there is no filing fee.
- How long does expungement take in Minnesota?
- The petition-based process takes at least 4–6 months: you must serve all agencies at least 63 days before the hearing, the judge has up to 90 days to issue a decision, and records are not officially sealed until 60 days after the order. Automatic expungement under the Clean Slate Act requires no action — the BCA processes eligible records on a rolling basis.
- What is the Clean Slate Act in Minnesota?
- The Clean Slate Act (Minn. Stat. § 609A.015), effective January 1, 2025, provides automatic expungement of eligible criminal records without requiring a petition or filing fee. The Bureau of Criminal Apprehension identifies qualifying cases, notifies the judicial branch, and seals records 60 days later unless a court objects. As of February 2026, over 1.6 million records have been automatically sealed.
- Can a felony be expunged in Minnesota?
- Yes, but only specific felonies listed in § 609A.02, subd. 3(b). Eligible felonies include certain controlled substance offenses, theft, forgery, fraud, identity crimes, computer crimes, third-degree burglary, and 50+ other enumerated offenses. The waiting period is 5 years after discharge (4 years for fifth-degree controlled substance under § 152.025). Felonies requiring sex offender registration are never eligible.
- Can DUI / DWI convictions be expunged in Minnesota?
- DWI offenses (§ 169A.20, 169A.25, 169A.26) are specifically excluded from automatic expungement under the Clean Slate Act. However, petition-based expungement may still be possible for some DWI-related records depending on the circumstances. Even if a DWI record is sealed, it may still be used for sentencing enhancement if you are charged with a subsequent DWI.
- Does expungement restore gun rights in Minnesota?
- No. Minnesota expungement under Chapter 609A does not restore firearm rights for crimes of violence. Federal law requires a complete removal of all effects of a conviction for gun rights to be restored, and Minnesota expungement (which seals but does not destroy records) does not meet that standard. A pardon from the Minnesota Board of Pardons can restore firearm rights.
- Do I need to attend the expungement hearing?
- Yes. Unless the court notifies you otherwise, you must appear at the hearing. Failure to attend may result in your petition being dismissed. At the hearing, the judge reviews your petition, any objections from agencies, victim statements, and your rehabilitation efforts. If you have an attorney, cases with representation are typically heard first.
- Can employers still see my expunged record in Minnesota?
- Most employers cannot access sealed records — a background check will return no public record. However, certain employers can still access expunged records: law enforcement agencies, schools and childcare facilities (background checks for positions involving children or vulnerable adults), and state agencies evaluating occupational licenses. Criminal justice agencies retain full access for investigations and prosecutions.
Video Guides
Take Action — Direct Links
- Court petition/form
Minnesota Judicial Branch — Criminal Expungement Forms, including EXP 102 (Notice of Hearing and Petition for Expungement) and proposed order forms.
- Criminal record request
Minnesota Public Criminal History — free online search of public criminal records maintained by the Bureau of Criminal Apprehension (BCA).
- Free legal aid
Volunteer Lawyers Network — free legal help for expungement in Minnesota, including monthly Second Chance Saturday clinics. Call (612) 752-6677.
- Court self-help center
Minnesota Judicial Branch — Criminal Expungement self-help page with process overview, forms, FAQs, and links to self-help centers.
- Statute full text
Minn. Stat. Chapter 609A — full text of Minnesota's expungement statute from the Office of the Revisor of Statutes.
Sources
- Minn. Stat. Ch. 609A (Expungement)
- Minn. Stat. § 609A.015 (Automatic Expungement)
- Minn. Stat. § 609A.02 (Eligible Records)
- Minn. Stat. § 609A.03 (Petition Process)
- MN Attorney General — Expungement
- MN Judicial Branch — Criminal Expungement
- MN Judicial Branch — Expungement FAQs
- MN DPS — Expungements (Clean Slate Act)
- MN District Court Fees
- MN AG — Sealing My Criminal Records